John McKeown – Goldman Sloan Nash & Haber LLP

Developing a Filing Strategy for Industrial Designs

In November of 2013 we discussed a trial decision in an industrial design case that dealt with a novel yet important issue of law. Since that time, the case has gone all the way to the United Kingdom Supreme Court, the United…more

Federal Court of Appeal Confirms that Goodwill can Exist without Carrying on Business in Canada

A recent decision of the Federal Court of Appeal clarifies some basic principles concerning establishing goodwill and proof of foreign law and jurisdiction…more

The Glee Club

A recent decisionof the United Kingdom Court of Appeal has confirmed that “wrong way around confusion” occurred in the GLEE case.…more

Product Shape and Distinctiveness

A recent decision of the UK High Court concluded that the shape of KIT KAT chocolate bar was not registrable as a trademark. …more

The Registrability of the Trademark Consisting of an Acronym

A recent English decision found that a trademark consisting of three letters, which were an acronym for a descriptive term, was invalid…more

Judicial Comity in the Federal Court

A recent decision of the Federal Court provides some interesting comments concerning judicial comity in the Federal Court.…more

The Meaning of Trademarks

A recent decision of the Federal Court gave significant emphasis to the meaning of the trademarks in dispute in determining whether confusion existed.…more

The Impact of Concurrent Use of Allegedly Confusing Trademarks

A recent decision of the Federal Court dealt with a claim for passing-off and trademark infringement.…more

The Importance of the Evidence in Trademark Cases

A recent decision of the Federal Court shows how important the facts are in cases relating to trademarks.…more

Showing Use Under the Trademarks Act

A recent decision of the Federal Court of Appeal appears to set a fairly high standard for the quality of evidence required in s. 45 proceedings. …more

How to Approach an Appeal to the Federal Court from the Trademark Opposition Board

A recent decision of the Federal Court provides a reminder of the correct approach to be followed concerning appeals from the Trade Mark Opposition Board…more

Tradenames and Trademarks

A recent decision of the Federal Court deals with problems that can occur when a trademark owner’s corporate name and principle trademark contain similar elements.…more

Issue Protection in Trademark Actions

A recent decision of the Supreme Court of the United States has raised concerns in the U.S. with respect to the application of the issue preclusion doctrine concerning findings made by the Trademark Trial and Appeal Board…more

Fair Dealing: A Copyright Two Step

A recent decision of the Copyright Board provides helpful guidance concerning the application of the fair dealing exceptions contained in the Copyright Act. …more

The Impact of a Design in a Trademark Dispute Revisited

A recent decision of the Federal Court once again gives little weight to the use of a design element in a trademark opposition.…more
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